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  • 2010-2014  (5)
  • Dordrecht : Springer Netherlands  (5)
  • Berlin : Duncker & Humblot
  • Political science Philosophy  (5)
  • Law  (5)
  • 1
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400771109
    Language: English
    Pages: Online-Ressource (XXIV, 396 p. 2 illus., 1 illus. in color, online resource)
    Series Statement: Economic Analysis of Law in European Legal Scholarship 1
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Law and economics in Europe
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    Keywords: Wirtschaftsrecht ; EU-Recht ; Zivilrecht ; Europa ; Political science Philosophy ; Commercial law ; Law ; Law ; Political science Philosophy ; Commercial law ; Konferenzschrift 2011 ; Europäische Union ; Recht ; Wirtschaft ; Europäische Union ; Wirtschaftsrecht ; Wirtschaftspolitik ; Ökonomische Theorie des Rechts
    Abstract: This anthology illustrates how law and economics is developing in Europe and what opportunities and problems - both in general and specific legal fields - are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition
    Description / Table of Contents: ForewordPreface -- Introduction -- Table of contents -- About the Authors -- Part I: Civil Law versus Common Law -- Never the Twain Shall Meet?; Kai Purnhagen -- To What Extent Is the Opposition Between Civil Law and Common Law Relevant for Law and Economics?; Régis Lanneau -- Comparative Study of Legal Reasoning in Swiss and UK Courts; Lynn Watkins -- Part II: Economic and Legal Thinking -- Homo Economicus versus Homo Iuridicus; Mariusz J. Golecki -- Three Realistic Strategies for Explaining and Predicting Judicial Decisions; Diego Moreno-Cruz -- Some Thoughts on Economic Reasoning in Appellate Courts and Legal Scholar-ship; Endre Stavang -- Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’; Klaus Mathis -- Part III: The Limits of Legal Transplants -- The “Hand Rule” as a Standard of Care in Swiss Tort Law?; Balz Hammer and Sandra Duss -- Efficiency and Swiss Contract Law; Ariane Morin -- Class Action Lawsuits in Europe: A Comparative and Economic Analysis; Ricardo Dawidowicz -- Crown Witnesses in Switzerland?; Zinon Koumbarakis -- Part IV: Economic Analysis in EU Law -- The Case for a Principled Approach to Law and Economics: Efficiency Analysis and General Principles of EU Law; Aurélien Portuese -- Homo Economicus, Behavioural Sciences, and Economic Regulation: On the Concept of Man in Internal Market Regulation and its Normative Basis; Jens-Uwe Franck and Kai Purnhagen -- Economic Principles in Antitrust Law in the Aftermath of the More Economic Approach; Claudia Seitz -- Index.
    Note: Includes index
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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  • 2
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789400741836
    Language: English
    Pages: Online-Ressource (XXXIII, 520p, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Davidson, Alastair, 1939 - The immutable laws of mankind
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    Keywords: Social sciences ; Political science Philosophy ; History ; Social Sciences ; Social sciences ; Political science Philosophy ; History ; Menschenrecht ; Geschichte
    Abstract: Alastair Davidson
    Abstract: The key question for the history of universal human rights is why it took so long for them to become established as law. The main theme of this book is that the attainment of universal human rights required heroic struggle, first by individuals and then by ever-increasing numbers of people who supported those views against the major historical trends. Universal human rights are won from a hostile majority by outsiders. The chapters in the book describe the milestones in that struggle. The history presented in this book shows that, in most places at most times, even today, for concrete material reasons a great many people oppose the notion that all individuals have equal rights. The dominant history since the 1600s has been that of a mass struggle for the national-democratic state. This book argues that this struggle for national rights has been practically and logically contradictory with the struggle for universal rights. It would only be otherwise if there were free migration and access to citizenship on demand by anybody. This has never been the case. Rather than drawing only on European sources and being limited to major literary figures, this book is written from the Gramscian perspective that ideas mean little until they are taken up as mass ideologies. It draws on sources from Asia and America and on knowledge about mass attitudes, globally and throughout history.
    Description / Table of Contents: The Immutable Laws of Mankind; Acknowledgments; Contents; Prologue; Contents; The Sparrow's Eye View; Methods; Periodisation; Before the Beginning; Chapter 1: A World Without Rights; Everyday Life in the Middle Ages; Apocalyptic Horseman I: Famine; Apocalyptic Horseman II: Plague; Apocalyptic Horseman III: War; The Mafia World of the Middle Ages; Human and Beast: Worlds of Similitude; Asking Questions: The Courts and Torture; A Myopic World: Humanity Stops at the Stile; Germs of an Idea: Universal Humanity; Pie in the Sky; Justice Is Nowhere; Conclusions; Chapter 2: Eyes Turned Heavenwards
    Description / Table of Contents: Continuity and ChangeThe Reformation and the Individual; The New Social Contract; A National-Popular Rule of Law; The Common Law; The Dutch Model; The British Version; Belonging to the Church; The Bill of Rights; The First Milestone; Hobbes; The Popular Sovereign or the Sovereign People; No Rights for Those Who Not Belong to the Nation; Sectaries and Other Dissidents; Rights in International Spaces: Grotius; Exporting the National-Popular Rule of Law: 1689 and America; American Particularism; Conclusions; Chapter 3: When the World Was New; When the World Was New
    Description / Table of Contents: Discovering the Other: The AmericasMildness: A Feminine Virtue; The Other and International Law; Imperialism: A Denial of Rights for All Humans; Learning from the Other: India; India Before the Raj; Suttee; Learning from the Other: China; Learning from the Other: Chinese Thought; Conclusions; Chapter 4: The Open Republic or Kafka's Doorman; Early French Criticism of Locke; The Absolute Monarchy and Rights; The New Bourgeoisie and National-Popular Rights; The Peasant Majority and Rights; Towards the Democratic National Model of Rights; The Etats Généraux and Rights
    Description / Table of Contents: Universal Human Rights for the First TimeConclusions; Chapter 5: Jack Is Master in His Own House: The Triumph of the Nation; Rights and the French Citizen; Robespierre, Jacobinism and the National-Popular Revolution; The Beginning of the End; Two Steps Backwards; Nationalism Ends British Liberties; Exporting Rights at Bayonet Point; The Napoleonic Reaction; Italy and Rights; Rights and Cultural Difference; The Parthenopean Republic and Rights; Hegemony and Universal Human Rights; Peoples and Nations; Conclusions; Chapter 6: Rousseau
    Description / Table of Contents: Universal Human Rights and the Revolution: The Conservative OrthodoxyRousseau and Hegemony; Rousseau and Democracy; Rousseau and Human Rights; Conclusions; Chapter 7: Human Rights and the Working Class; The Contradictions of the National-Popular; Global Migration; The Stake-Less Sufferers: The Working Class after 1815; Parliamentary Reform and the Workers; France; Britain; Nationalism and the Working Class; France and the June Revolution of 1848; National Rights for the Working Class; Going it Alone: Trade Unions; Conclusions; Chapter 8: The Excluded: Women
    Description / Table of Contents: National Popular Democracy and Women
    Note: Description based upon print version of record
    URL: Cover
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  • 3
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789048189960
    Language: English
    Pages: Online-Ressource (VIII, 241 p, digital)
    Series Statement: Studies in Global Justice 10
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Hegel and global justice
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    Keywords: Philosophy (General) ; Ethics ; Social sciences Philosophy ; Political science Philosophy ; Philosophy ; Philosophy (General) ; Ethics ; Social sciences Philosophy ; Political science Philosophy ; Aufsatzsammlung ; Hegel, Georg Wilhelm Friedrich 1770-1831 ; Gerechtigkeit ; Globalisierung ; Philosophie ; Hegel, Georg Wilhelm Friedrich 1770-1831 ; Philosophie ; Gerechtigkeit
    Abstract: Andrew Buchwalter
    Abstract: Hegel and Global Justicedetails the relevance of the thought of G.W.F. Hegel for the burgeoning academic discussions of the topic of global justice. Against the conventional view that Hegel has little constructive to offer to these discussions, this collection, drawing on the expertise of distinguished Hegel scholars and internationally recognized political and social theorists, explicates the contribution both of Hegel himself and his 'dialectical' method to the analysis and understanding ofa wide range of topics associated with the concept of global justice, construed very broadly. These topics include universal human rights, cosmopolitanism, and cosmopolitan justice, transnationalism, international law, global interculturality, a global poverty, cosmopolitan citizenship, global governance, a global public sphere, a global ethos, and a global notion of collective self-identity. Attention is also accorded the value of Hegel's account of mutual recognition for analysing themes in global justice, both as regardsthe politics of recognition at the global level and the conditions for a general account of relations of people and persons under conditions of globalization. In exploring these and related themes, the authors of this book regularly compare Hegel to others who have contributed to the discourse on global justice, including Kant, Marx, Rawls, Habermas, Singer, Pogge, Nussbaum, Appiah, and David Miller.
    Description / Table of Contents: Hegel and Global Justice; Preface; Contents; Chapter 1: Hegel and Global Justice: An Introduction; 1.1 Introduction; 1.2 A Taxonomy of Main Themes; 1.2.1 Cosmopolitanism; 1.2.2 National Sovereignty; 1.2.3 Universal Human Rights; 1.2.4 Global Poverty and Its Responsibilities; 1.2.5 Institutional Responses to Global Poverty; 1.2.6 Global Governance; 1.2.7 Global Identity; 1.2.8 War; 1.2.9 Recognition; 1.3 Chapter Synopses; 1.3.1 Hegel on Cosmopolitanism, International Relations, and the Challenges of Globalization; 1.3.2 Contra Leviathan: Hegel's Contribution to Cosmopolitan Critique
    Description / Table of Contents: 1.3.3 Between Statism and Cosmopolitanism: Hegel and the Possibility of Global Justice1.3.4 Toleration, Social Identity, and International Justice in Rawls and Hegel; 1.3.5 Hegel, Civil Society, and Globalization; 1.3.6 A Hegelian Approach to Global Poverty; 1.3.7 The Coming World Welfare State Which Hegel Could Not See; 1.3.8 The Citizen of the European Union from a Hegelian Perspective; 1.3.9 Hegel on War, Recognition, and Justice; 1.3.10 Hegel, Global Justice, and Mutual Recognition; 1.4 Conclusion
    Description / Table of Contents: Chapter 2: Hegel on Cosmopolitanism, International Relations,and the Challenges of Globalization2.1 Introduction; 2.2 Hegel on Cosmopolitanism, International Relations, and Modern Sittlichkeit; 2.3 Hegel on Global Civil Society, Global Violence, and the Possibility of Global Community; 2.4 Conclusion; Bibliography; Chapter 3: Contra Leviathan: Hegel's Contribution to Cosmopolitan Critique; 3.1 Introduction; 3.2 Misreading Hegel; 3.3 Decentring the Modern State; 3.4 Hegel's Critique of Kant's Cosmopolitanism; 3.5 Beyond Natural Law; Bibliography
    Description / Table of Contents: Chapter 4: Between Statism and Cosmopolitanism: Hegel and the Possibility of Global Justice4.1 Introduction; 4.2 Hegel on International Relations; 4.2.1 The State as an Independent, Self-sustaining Agent; 4.2.2 Anarchy; 4.2.3 Relations Between States; 4.2.4 Hegel's Realism in International Politics; 4.3 Bringing Together Statism and Cosmopolitanism; 4.4 Towards a Hegelian Theory of Global Justice; 4.5 Conclusion; Bibliography; Chapter 5: Toleration, Social Identity, and International Justicein Rawls and Hegel; 5.1 Decency as an International Norm; 5.2 Human Rights as Free Standing
    Description / Table of Contents: 5.3 Toleration5.4 Toleration and Liberalism; 5.5 Toleration and Cooperation; 5.6 Toleration and Reasonableness; 5.7 Toleration and Culture; 5.8 Hegel and the Value of Culture; 5.9 Right to Freedom; 5.10 Abstract Right and Personhood; 5.11 Moralität and the Right to Subjectivity; 5.12 Rational State; 5.13 Right to Freedom and International Law; 5.14 Conclusion; Bibliography; Chapter 6: Hegel, Civil Society, and Globalization; 6.1 Introduction; 6.2 Civil Society; 6.3 The Rights of Human Beings in Civil Society; 6.4 Free Trade, Civil Society, and Globalization
    Description / Table of Contents: 6.5 The State and the Cosmopolitan Order
    Note: Description based upon print version of record
    URL: Cover
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  • 4
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9781402091605
    Language: English
    Pages: Online-Ressource (1200p. eReference. In 2 volumes, not available separately, digital)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Science and Law
    Parallel Title: Buchausg. u.d.T. Encyclopedia of global justice
    Parallel Title: Druckausg. Encyclopedia of global justice
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    Keywords: Philosophy (General) ; Philosophy ; Philosophy of law ; Political science Philosophy ; Law—Philosophy. ; Development economics ; Development Economics ; Political science ; Political science Philosophy ; Ethics ; Law ; Weltordnung ; Gerechtigkeit ; Globalisierung ; Politische Ethik
    Abstract: This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas
    URL: Volltext  (lizenzpflichtig)
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  • 5
    Online Resource
    Online Resource
    Dordrecht : Springer Netherlands
    ISBN: 9789048124770
    Language: English
    Pages: Online-Ressource (XVI, 264p, digital)
    Series Statement: Philosophy and Medicine 104
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Buchausg. u.d.T. Philosophical reflections on disability
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    Keywords: Philosophy (General) ; Ethics ; medicine Philosophy ; Political science Philosophy ; Quality of Life ; Medical ethics ; Quality of Life Research ; Philosophy ; Philosophy (General) ; Ethics ; medicine Philosophy ; Political science Philosophy ; Quality of Life ; Medical ethics ; Quality of Life Research ; Ethics ; Medical ethics ; Philosophy (General) ; Political science Philosophy ; Quality of Life Research ; Quality of Life ; medicine Philosophy ; Aufsatzsammlung ; Behinderung ; Philosophie ; Lebensqualität ; Behinderung ; Bioethik ; Soziale Gerechtigkeit ; Behinderung ; Öffentliche Ordnung ; Behinderung ; Philosophie ; Lebensqualität ; Bioethik ; Soziale Gerechtigkeit ; Öffentliche Ordnung
    Abstract: This project draws together the diverse strands of the debate regarding disability in a way never before combined in a single volume. After providing a representative sampling of competing philosophical approaches to the conceptualization of disability as such, the volume goes on to address such themes as the complex interplay between disability and quality of life, questions of social justice as it relates to disability, and the personal dimensions of the disability experience. By explicitly locating the discussion of various applied ethical questions within the broader theoretical context of how disability is best conceptualized, the volume seeks to bridge the gap between abstract philosophical musings about the nature of disease, illness and disability found in much of the philosophy of medicine literature, on the one hand, and the comparatively concrete but less philosophical discourse frequently encountered in much of the disability studies literature. It also critically examines various claims advanced by disability advocates, as well as those of their critics. In bringing together leading scholars in the fields of moral theory, bioethics, and disability studies, this volume makes a unique contribution to the scholarly literature, while also offering a valuable resource to instructors and students interested in a text that critically examines and assesses various approaches to some of the most vexing problems in contemporary social and political philosophy.
    Description / Table of Contents: Preface; Acknowledgements; Contents; Contributors; Author Biographies; 1 Introduction: Philosophical Reflections on Disability; 1.1 The Concept of Disability; 1.2 Disability, Quality of Life, and Bioethics; 1.3 Disability and Justice; 1.4 Personal Voices; 1.5 Conclusion; 1.6 Notes; References; Part I Concepts and Theories of Disability; 2 An Essay on Modeling: The Social Model of Disability; 3 Ability, Competence and Qualification: Fundamental Concepts in the Philosophy of Disability; 4 Disability and Medical Theory; Part II Disability, Quality of Life, and Bioethics
    Description / Table of Contents: 5 Utilitarianism, Disability, and Society6 Too Late to Matter? Preventing the Birth of Infants at Risk for Adult-Onset Disease or Disability; 7 To Fail to Enhance is to Disable; 8 Rehabilitating Aristotle: A Virtue Ethics Approach to Disability and Human Flourishing; Part III Disability, Social Justice, and Public Policy; 9 Equal Treatment for Disabled Persons: The Case of Organ Transplantation; 10 Disability Rights: Do We Really Mean It?; 11 Dignity, Disability, Difference, and Rights; 12 Public Policy and Personal Aspects of Disability; 13 Disability and Social Justice
    Description / Table of Contents: 14 The Unfair and the Unfortunate: Some Brief Critical Reflections on Secular Moral Claim Rights for the DisabledPart IV Personal Voices; 15 Neither Victims Nor Heroes: Reflections from a Polio Person; Index;
    Note: Description based upon print version of record
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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